HomeMy WebLinkAboutOrd #008-3rd Ser/Amending #7 .
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ORDINANCE NO. 8, 3RD SERIES
AN ORDINANCE TO AMEND ORDINANCE NO. 7, 3RD SERIES, INTERIM
ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355,
SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE
GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING
(CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN
THE MORATORIUM AREA AS DEFINED HEREIN.
THE CITY OF ORONO ORDAINS:
The Municipal Code of the City of Orono is amended by amending Ordinance No. 7, 3rd
Series, as follows:
SECTION 1. The title of Ordinance No. 7, 3rd Series, is amended as follows:
"ORDINANCE NO. 7, 3RD SERIES, INTERIM ORDINANCE PURSUANT TO
MINNESOTA STATUTES SECTION 462.355, SUBDNISION 4, TO
ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF
PRELIMINARY SUBDNISION APPROVAL, ?^�:T�rr �rr ro R�n n r n�.Tr��
A DDDl1�7 A T � �ZONING, OR PUD APPROVAL WITHIN THE
MORATORIUM AREA AS DEFINED HEREIN."
SECTION 2. Section 1 of Ordinance No. 7, 3rd Series, is amended as follows:
"Section 1. Statement of Policv. The City Council finds that the City is presently
faced with the potential of applications for subdivision, rezoning, �g
irTron��w���o), or PUD approvals for property within the Moratorium Area as
defined in Section 2.
It appears to the Council that the consequences of allowing such applications to be
approved may be undesirable because the current ordinances may not be
consistent with the City's zoning and development goals. The Council, therefore,
finds that it is necessary to study the impact of development under current
ordinances to determine whether they fulfill the underlying purposes of the City's
land use and zoning provisions.
The Council further finds that if, as a result of this study, the land use controls and
zoning provisions contained in the City code need to be revised, such revision is a
process that cannot be accomplished until a study has been completed and a
hearing held. During this period, it is desirable that the Council establish
guidelines for the benefit of those who wish to develop property in order to bring
about savings of public and private expenditures and to provide the public guides
to future City action. Since enactment of an amendment to the code would
undoubtedly modify existing regulations concerning permitted land use and
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zoning performance standards, the granting of preliminary approval of subdivision
applications, , rezoning applications, or PUD
for property within; the Moratorium Area would be contrary to the purpose of the
zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council
further finds that it would be unwise, improper and unjust to allow individual
development to occur during this study."
SECTION 3. Section 2 of Ordinance No. 7, 3rd Series, is amended as follows:
"Section 2. Moratorium Area. As used in the Ordinance, Moratorium Area shall
be defined as all real property within the City of Orono which �'���
is currently guided in
the Orono 2000-2020 Communit�gement Plan to allow residential densities
in excess of two dwelling units per acre, with the exception of the property within
the plat of StoneBay."
SECTION 4. Section 4 of Ordinance No. 7, 3ra Series, is amended as follows:
"Restrictions on the Grantin� of Preliminarv Subdivision Approval, ��
�r�rroR�.,,.:,,,,,.o� �,.....,... , Rezoning, or PUD approvals No preliminary
subdivision approval, , Rezoning, or PUD
approval, shall be given by the Council for any property within the Moratorium
Area."
SECTION 5. Publication. This Ordinance shall be published in THE PIONEER and
THE LAKER and shall be effective immediately.
Adopted by the City Council of the City of Orono on this lOt" day of May, 2004,
by a vote of 4 ayes and 0 nays.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Published in the Laker/Pioneer newspapers the week of May 15, 2004.
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